Off the Record: A Legal Podcast

Episode Summary: Discover the intricate processes of adoption in South Carolina with Rhett Burney and Bill Finn delve into the various scenarios leading to adoption, unexpected challenges families face, and the legal intricacies that shape the adoption journey. Gain valuable insights into the complexities of adoption and the significance of legal safeguards in ensuring the best interests of the child.

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00:00 – Introd...

In this episode of *Off the Record*, Rhett Burney and special guest Bill Finn delve into the importance of powers of attorney in estate planning. They explain the significance of having a power of attorney document, who should have one, and why it's crucial for everyone, regardless of age. The discussion highlights different types of powers of attorney, when they come into effect, and the potential consequences of ...

Episode Summary: In this episode of Off the Record, South Carolina attorney Rhett Burney explains how blended families can avoid estate planning mistakes that often lead to conflict. With more families including stepchildren, half-siblings, and second marriages, Rhett breaks down why simple wills often fall short and how trusts can protect all loved ones fairly. He shares how South Carolina law treats stepchildren, how to structure...

Episode Summary: In this episode of Off the Record, South Carolina attorney Rhett Burney shares practical estate planning advice on how to prevent family disputes over sentimental belongings like jewelry, furniture, and heirlooms. Rhett explains why informal methods—like putting sticky notes on items—often lead to confusion and conflict, and how to legally document personal property through a will or memorandum. He also discusses t...

Episode Summary: In this episode of Off the Record, South Carolina family law attorney Rhett Burney joins attorney Anna Tarbert to discuss how mediation works, why it’s required in family court, and how it helps couples stay in control of their outcomes. Rhett explains the mediation process, common misconceptions, and why it often leads to better results than going to trial. The conversation covers confidentiality, emotional dynami...

Episode Summary: In this episode of Off the Record, South Carolina family law attorney Rhett Burney discusses the important legal and financial steps to take before remarrying. From updating wills and beneficiaries to understanding how remarriage impacts alimony and custody, Rhett outlines what couples should review to protect themselves, their children, and their assets. He also explains the role of trusts in blended families, the...

Episode Summary: In this episode of Off the Record, family law and estate planning attorney Rhett Burney demystifies one of the most misunderstood areas of divorce law: alimony. With over 30 years of experience serving clients across South Carolina, Rhett explains what alimony is meant to achieve, the factors judges weigh in determining awards, and why outcomes can differ so widely depending on the case — and the judge. He also co...

In this episode of Off the Record, South Carolina family law and estate planning attorney Rhett Burney discusses one of the most important estate planning decisions: how to choose the right executor. Rhett explains the critical role executors (or personal representatives) play in administering an estate, from locating assets to ensuring heirs receive what they are entitled to. He highlights the differences between ...

In this practical and insightful episode, attorney Rhett Burney returns to share the top 10 things he wishes every client knew before walking into a courtroom. Rhett sheds light on the biggest misconceptions about legal proceedings, including how long cases take, why costs add up, how opposing parties affect the timeline, and what really happens when emotions run high.

From the unpredictable nature of judges’ decis...

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In this episode of Off the Record, attorney Rhett Burney breaks down the real reasons why divorce and custody cases in South Carolina can become so costly. From attorney time and discovery to emotional battles and post-judgment disputes, Rhett explains the hidden costs, delays, and complexities behind family court litigation. Whether you’re preparing for a divorce or simply want to understand the process, this epis...

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Attorney Rhett Burney breaks down the complex process of dividing retirement assets during divorce in South Carolina. Learn about marital vs non-marital portions of retirement accounts, tax implications, and how Qualified Domestic Relations Orders (QDROs) work. This episode provides valuable insights into handling 401(k)s, IRAs, pensions, and other retirement assets during divorce proceedings.

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00:...

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Attorney Rhett Burney discusses the complex legal landscape of grandparents' rights in South Carolina, covering visitation rights, custody requirements, and the court's approach to balancing parental and grandparental interests. The episode explores various scenarios where grandparents can seek legal visitation or custody, the evidence requirements, and common challenges faced in these cases.

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00:0...

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In this episode of Off the Record, host Kevin Rosenquist and attorney Rhett Burney dive into the complexities of the probate process. With 30 years of legal experience, Rhett demystifies common misconceptions about probate, explains key roles like personal representatives and trustees, and shares insights on preventing family conflicts during estate administration.

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00:00 - Show Introduction

00:32 ...

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In this episode of Off the Record, attorney Rhett Burney discusses the key differences between wills and trusts in South Carolina. He explains when each estate planning tool is most appropriate, debunks common misconceptions, and provides practical advice for those considering their estate planning options.

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00:00 - Show Introduction

00:31 - Opening discussion

01:29 - Defining wills vs. trusts

02:21 - ...

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In this episode of Off the Record, attorney Rhett Burney discusses the differences between mediation and litigation in South Carolina divorce cases. He explains how mediation is a mandatory step in the divorce process, with an 85-90% success rate. The episode covers the benefits of mediation, including cost savings, better communication between parties, and maintaining control over outcomes compared to traditional ...

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In this episode of Off the Record, host Kevin Rosenquist and attorney Rhett Burney discuss post-divorce modifications in South Carolina. They explore the legal standards, qualifying circumstances, and processes involved in modifying divorce agreements, including changes to custody, child support, and alimony arrangements.

Key Timestamps:

00:00 - Introduction to Off the Record

00:36 - Legal standards for post-di...

Episode Summary

In this episode of Off the Record, Kevin Rosenquist and attorney Rhett Burney discuss the crucial medical documents everyone should have in place to ensure healthcare wishes are respected. They explore the differences between healthcare power of attorney, living wills, and DNR (Do Not Resuscitate) orders. Rhett breaks down how these documents can prevent family conflict during difficult health crises and provide cla...

Episode Summary

In this episode of Off the Record, hosts Kevin Rosenquist and attorney Rhett Burney discuss prenuptial and postnuptial agreements in South Carolina. They explore common misconceptions about these legal documents, their importance, and how they can help couples protect their assets. Rhett explains the requirements for these agreements to be enforceable, including full financial disclosures and the need for legal repr...

Episode Summary

In this episode of Off the Record, host Kevin Rosenquist and attorney Rhett Burney discuss the critical steps individuals need to take in updating their estate plans after a divorce. They delve into the importance of revising wills, beneficiary designations, powers of attorney, and healthcare proxies to reflect life changes. They also discuss the legal protections offered in South Carolina and the consequences of ne...